Less than one week after the Bureau of Land Management (BLM) released its Final Rule governing hydraulic fracturing practices on federal lands, North Dakota will proceed to explore the state’s legal options for challenging the new regulations. At their March 24 meeting, the members of the North Dakota Industrial Commission—comprised of Governor Jack Dalrymple,
Minnesota
New State Oil-By-Rail Regulations Take Effect, While Rail Capacity Is Squeezed
As we reported earlier, consideration of proposed federal rulemaking concerning crude oil-by-rail transportation recommended by the Pipeline and Hazardous Material Safety Administration and Federal Railroad Administration is underway, and, after receiving more than 3,000 submissions, the comment period closed on September 30. Nevertheless, and despite the possibility of preemption challenges in litigation, state…
With Increased Federal Scrutiny, State Governments Look To Expand Oil-By-Rail Oversight
With the federal Department of Transportation’s recent emergency order impacting those who transport crude oil by rail, state governments are likewise considering additional regulatory oversight that could affect the industry in the wake of recent train derailments such as the one yesterday in Virginia.
In Minnesota, where more than 800 tank cars carrying oil…
Minnesota Environmental Quality Board Approves Model Standards For Local Silica Sand Mining Regulations
On March 19, the Minnesota Environmental Quality Board (EQB) approved its proposed model standards for local silica sand mining regulations and planning. The standards are intended to serve as guidelines for city and county governments as they work to develop their own local ordinances for mining, processing, and transporting silica sand. The Minnesota Legislature mandated…
Industry Task Force Makes Proposals To Increase Natural Gas Capture In North Dakota
In late-January, the North Dakota Petroleum Council’s task force on natural gas flaring released its much-anticipated recommendations to the North Dakota Industrial Commission, the administrative body that regulates oil and gas wells in the state. The task force made several proposals with the aim to increase the amount of natural gas captured at wellheads…
Transportation Safety Issues Fueling Pipeline Proposals In North Dakota And Minnesota
Following the derailment and explosion of a train carrying crude oil near Casselton, North Dakota, and a federal Department of Transportation safety alert that Bakken crude may be more prone to ignite at lower temperatures than other crudes, there’s renewed interest in finding secure transportation alternatives for those natural resources. Pipelines are one alternative gaining…
Draft Of Model Silica Sand Mining Regulations Released By Minnesota Environmental Quality Board
Update: The Minnesota Environmental Quality Board extended the public comment period for the draft model guidelines by two weeks. The deadline for public comments is now January 27.
On December 13, the Minnesota Environmental Quality Board (EQB) – in collaboration with several other state agencies, including the Minnesota Department of Natural Resources (DNR) and…
Update on Environmental and Regulatory Issues for Booming Midwest Frac Sand Mining Industry
Via my colleague Sarah Johnson Phillips:
Mineral Law blog readers will be interested in a summary of key discussion points that emerged at a recent frac sand mining CLE I attended with my colleagues Kevin Johnson and Thomas Braun. Organized by the Minnesota State Bar Association’s Environment, Natural Resources, & Energy Section, the CLE…